Falling ice signs: who’s at fault?

If you walk in downtown Calgary, you’ve likely seen the signs warning pedestrians of slippery sidewalks and falling ice but who’s at fault if you get hurt?

University of Calgary Law Professor Erin Sheley says the signs don’t take away the building owner’s legal responsibility if someone is injured, but incidents are considered on a case by case basis.

“[If] the building owner has done nothing to clear away the ice and it’s super dangerous it may be the court just finds that having put a sign out is not sufficient,” said Sheley. “If it’s something that is really, particularly difficult to control, if it’s still heavily icing and it would require sort of constant removal to keep it completely clear a court might find that ‘ya, they put a sign out. That’s the best they could do.”

If pedestrians aren’t cautious, they can also be found at fault.

“If someone does something that is themselves negligent and then is harmed partially as a result of that and partially because of someone else’s negligence, they can’t collect in full.”

Overall, Sheley said the signs are there to protect both parties.

“It’s just a way to sort of reduce the risk of liability both by adding to the amount of care you have taken as a building owner and also putting the pedestrian on alert in such a way that perhaps, if they get hurt, they night be deemed negligent also.”